· 2/17/2005
Victor Varela v. United States
Citations
- 400 F.3d 864
- 2005 U.S. App. LEXIS 2768
- 2005 WL 367095
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Blakely and United States v. Booker, 542 U.S. 220, 125 S. Ct. 738 (2005), are not retroactive on collateral review
- holding \that Booker 's constitutional rule falls squarely under the category of new rules of criminal procedure that do not apply retroactively\
- explaining that Supreme Court decisions, such as Ring, Blakely, and Booker, applying Apprendi’s “prototypical procedural rule” in various contexts are not retroactive
- Booker does not apply retroactively to petitions brought under 28 U.S.C. § 2255
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Barkett, Hull
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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